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HomeMy WebLinkAbout2008-10-27; Design Review Board; Resolution 3331 DESIGN REVIEW BOARD RESOLUTION NO. 333 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO MAJOR 4 REDEVELOPMENT PERMIT NO. RP 94-05(A)X4 TO ALLOW THE VILLAGE FARMER'S MARKET TO REVISE THE HOURS OF THE SATURDAY FARMER'S MARKET, TO EXTEND THE 6 EXPIRATION DATE OF THE REDEVELOPMENT PERMIT FOR THE SATURDAY FARMER'S MARKET, AND TO MODIFY THE 7 REQUIRED RATIO OF CERTIFIED AGRICULTURAL PRODUCT BOOTHS TO NON-CERTIFIED PRODUCT AND 8 INFORMATIONAL BOOTHS FOR THE WEDNESDAY AND 9 SATURDAY FARMER'S MARKET HELD IN THE VILLAGE REDEVELOPMENT AREA 10 CASE NAME: FARMER'S MARKET APN: 203-304-02,03, 04,05 11 CASE NO: RP 94-05(A)X5 12 WHEREAS, on September 27, 1994, the Housing and Redevelopment Commission of 13 the City of Carlsbad held a duly noticed public hearing and approved a Major Redevelopment 14 Permit RP94-05 to allow a Wednesday Farmer's Market in the public parking lot located mid- 16 block on the east side of Roosevelt Street, west of the alley, between Carlsbad Village Drive and 17 Grand Avenue; and 18 WHEREAS, on May 10, 2005, approved a Saturday Farmer's Market; and through 19 subsequent amendments to Major Redevelopment Permit RP 94-05 the Housing and 20 Redevelopment Commission and/or the Design Review Board of the City of Carlsbad, had 21 ~~ extended the term of the Village Farmer's Market on several occasions with the current 23 expiration date for the Wednesday market set at September 19, 2011 and the Saturday market set 24 at September 19, 2008 25 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad did, 26 on the September 19, 2006 adopt Resolution No. 427 amending said Major Redevelopment 27 28 Permit RP 94-05 to allow open cooking vendors and two (2) additional non-produce vendors 2 during the Wednesday and Saturday Farmer's Market; and 3 WHEREAS, the applicant has filed an application to amend Major Redevelopment 4 Permit RP 94-05 to revise the hours of the Saturday Farmer's Market from the current 9:00 AM - 6 1:00 PM to the new 1:00 PM - 5:00 PM and to extend the expiration date of the Redevelopment 7 Permit for the Saturday market to September 19, 2011 which occurs in the public parking lot o located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and 9 Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area.; and 10 WHEREAS, the Design Review Board did, on the 27th day of October, 2008, hold a 1 ~ duly noticed public hearing to consider said request on public property described as: 13 Lots 9, 10, 11, 12, 13 and 14, Block 38, amended Map of Town of Carlsbad in the City of Carlsbad, County of San Diego, State of California, according to Map 14 thereof No. 775, filed in the Office of the County Recorder of San Diego County. 15 WHEREAS, the Planning Director has determined that the project is EXEMPT from the 16 requirements of the California Environmental Quality Act (CEQA) per Section 15311 of the 17 State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, and 18 . Q will not have any adverse significant impact on the environment; 20 WHEREAS, at said public hearing, upon listening to and considering all testimony and 21 arguments, if any, of all persons desiring to be heard, said Design Review Board considered all 22 factors relating to Farmer's Market RP94-05(A)X5. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review 24 Board as follows: 25 2fi 1. That the foregoing recitations are true and correct. 27 2. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL to the Housing and Redevelopment Commission 28 Major Redevelopment Permit No. RP 94-05(A)X5 to allow for the Village Farmer's DRB RESO NO. 333 -2- Market to revise the hours of the Saturday Farmer's Market, and to extend the 2 expiration date of the Redevelopment Permit to September 19, 2011 for the Saturday Farmer's Market held in the Village Redevelopment Area, based upon the following 3 findings and subject to the following conditions: 4 FINDINGS The Design Review Board hereby determines that the previous findings and applicable 6 conditions for Redevelopment Permit RP 94-05(A)X5 and all subsequent approvals, on file with the City Clerk, remain applicable to the project and are hereby incorporated 7 by reference, except whereby amended as set forth below. 8 CONDITIONS 9 If any of the following conditions fail to occur, or if they are, by their terms, to be 10 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Commission shall have the right to revoke or modify all approvals herein granted and/or deny or further condition the issuance of any , 2 future permits. 13 2. Staff is authorized and directed to make, or require the market operator to make, all corrections and modifications to the application documents, as necessary to make them 14 internally consistent and in conformity with the final action on the project. The Farmer's Market shall occur substantially as shown on the approved Exhibits. Any proposed operation of the market which is different from this approval, shall require an amendment to this approval. 17 3. Applicant shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from 18 and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the Commission arising, directly or indirectly, from (a) Commission's approval and issuance of this Redevelopment Permit RP 04- 20 05(A)X5, or (b) Commission's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. This 21 obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 23 4. There shall be a minimum ratio of 2:1 for certified agricultural product booths to non- certified product and informational booths at all times of the Wednesday and Saturday 24 Farmer's Market. For every one (1) non-certified farmer's market booth, there shall be at least two (2) certified farmer's market booths.25 5. All previous conditions approved for the project shall remain in full force and effect, with the following exceptions: 27 28 DRB RESO NO. 333 -3- Condition No. 1 of Housing and Redevelopment Commission Resolution No. 393 is further 2 amended to read as follows: 3 The boundaries of the market shall be limited to the public parking lot located on the east side of Roosevelt Street (mid-block), west of the alley, between Carlsbad Village Drive and 4 Grand Avenue. The total number of booth spaces shall be limited to the number (33) ^ indicated within the application. Two (2) of the booths may be utilized for the selling of hand made arts and crafts. The Saturday Farmer's Market hours of operation shall be 6 every Saturday from 1:00 p.m. to 5:00 p.m. To set up for the event and clean up afterwards, the subject parking lot will be closed from 12:00 p.m. to 6:00 p.m. The 7 hours of operation for the Wednesday Farmer's Market shall be every Wednesday from 1:00 p.m. to 5:00 p.m. To set-up for the event and clean up afterwards, the subject parking lot will be closed from 12:00 noon to 6:00 p.m. every Wednesday. Extended summer hours of 9 operation from previous approval are omitted. The total number of booths, spaces or hours of operation for the Wednesday Farmers Market and/or Saturday Farmer's Market shall not 10 be increased without prior amendment to this major redevelopment permit. Condition No. 2 of Housing and Redevelopment Commission Resolution No. 393 is further 12 amended to read as follows: 13 Product sales must be limited to fresh certified agricultural products such as fruits, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery stock. Certified non-produce items 14 such as dried fruit, juice, dried beans, meat, fish and dairy products may be sold if the producer has proof that he/she grew, raised, collected or caught the product. Also, a maximum of six (6) non-certified product sales booths may be provided for such items as 16 locally made fresh bread, pastries and/or pastas. Open-cooking is permitted, subject to final approval by the local Health Department, and is limited to six (6) non-produce vendors 17 allowing these vendors to make fresh samples of their products that may be consumed on- site. The market must not be used to sell mass produced (commercial operations) food products which are readily available within local grocery stores or markets. Two (2) booths 19 for the selling of hand made arts and crafts are allowed during all hours of operation of this permit. An informational booth for Village Merchants will be allowed for the distribution of 20 advertisements, promotional items, brochures, maps, etc. for other merchants within the area, including restaurants. One (1) educational booth may also be permitted. 21 22 Condition No. 9 of Housing and Redevelopment Commission Resolution No. 270 is further amended to read as follows: 23 This time extension to amended Major Redevelopment Permit No. RP 94-05(A)x4 is granted 24 for to allow the Wednesday and Saturday markets to operate until September 19, 2011 and shall be subject to cancellation at any time upon 60 days written notice. The Major Redevelopment Permit shall be reviewed by the Housing and Redevelopment Director on a 26 yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant negative affect on surrounding properties including but not limited to 27 parking provisions or the public health and welfare. If the Housing and Redevelopment Director determines that the use has such substantial negative effects, the Housing and 28 DRB RESO NO. 333 -4- Redevelopment Director shall recommend that the Design Review Board, after providing the 2 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This permit may be revoked at any time after a public hearing, if 3 it is found that the use has a substantial detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended by the Design Review Board thereafter for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Design Review Board may not grant such extensions, unless 6 it finds that there are no substantial negative affects on surrounding land uses or the public's health and welfare. If a substantial negative affect on surrounding land uses or the public's 7 health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Design Review Board may grant. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 333 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 27th day of October, 2008, by the following vote to wit: AYES: BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON NOES: NONE ABSENT: NONE ABSTAIN: NONE LAWSON, CHAIRPERSONCARLSBAD DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 333 -6-